Dangerous Drugs And Defective Product Liability: Can You Sue Pharmaceutical Manufacturers?
We all use drugs and medications throughout our lives. Some rely on prescription and over-the-counter drugs more than others, and drugs serve a very specific purpose: to make us feel better, to treat diseases and make us healthier, and relieve pain.
And while we – as California consumers – may expect drugs that are approved by the Food and Drug Administration (FDA) to be safe, not all drugs prescribed by doctors or available on the shelves of drug stores are actually safe. “Not every drug sold at drug stores in Los Angeles and elsewhere in California is FDA-approved or safe to use,” our Los Angeles product liability attorney at the Compass Law Group, PC warns.
While California product liability laws have a different set of rules and regulations that apply to pharmaceutical manufacturers as opposed to manufacturers of other products, it is still possible to hold negligent manufacturers of drugs liable for your injuries and damages.
Do product liability laws apply to defective drugs?
As a California consumers, you have to understand that pharmaceutical drug manufacturers do not always care about the safety or wellbeing of their patients. There are plenty of profit-driven manufacturers who put their drugs onto the market with insufficient clinical testing and trials, inadequate labeling, or flawed drug and medical device development.
Failure to comply with regulations and standards on the part of both American and foreign pharmaceutical manufacturers can lead to serious injury or even death in patients. Like any other product manufacturers in Los Angeles or elsewhere in California, pharmaceutical manufacturers have a duty to ensure that their drugs are not defective or unreasonably dangerous as well as warn consumers of all known side effects through proper labeling and instructions.
Our Los Angeles product liability attorney explains that there are many guidelines and regulations established by the FDA, including but not limited to required clinical testing and trials. Failure to adhere to these guidelines and regulations and failure to warn consumers of known dangers and side effects makes pharmaceutical drug manufacturers liable for injuries and damages.
Some drug manufacturers choose to manipulate clinical data to minimize or conceal known side effects, which is a clear violation of California laws.
Sue pharmaceutical manufacturers for defective and dangerous drugs
Generally, our product liability attorney in Los Angeles says, strict liability is not applicable to the manufacturing of prescription drugs unless a drug was not properly made and/or the manufacturer failed to warn of its dangerous side effects that were either known at the time of its release into the market or reasonably scientifically knowable.
In other words, failure to warn of side effects and dangers that were either known or knowable makes drug manufacturers liable for injuries and damages arising from the use of that improperly developed or labeled drug. Here at the Compass Law Group, PC, our best product liability attorneys in California have represented clients who have been injured by the negligence and recklessness of pharmaceutical companies in the state.
We help our clients recover compensation by holding pharmaceutical drug manufacturers accountable for their negligent actions or omission to act and for prioritizing their own profits and comfort over the safety and health of California consumers. Speak to our attorneys to get a free consultation today. Call our offices at 800-602-4010 or fill out this contact form.